Legal Opinion
Miraglia v. H&L Holding Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 2003PublishedCited by 4 opinions
1Opinion of the Court
—Order, Supreme Court, Bronx County (Barry Salman, J.), entered June 21, 2002, which, inter alia, denied plaintiffs motion for summary judgment on the issue of liability on his Labor Law § 240 (1) claim, unanimously affirmed, without costs.
Plaintiff, while employed as a construction laborer, was injured when he fell from planks used to span a trench and provide access to foundation walls. While it is plain that the planks, which broke under plaintiffs weight, did not provide protection in accordance with the requirements of Labor Law § 240 (1), plaintiffs motion for summary judgment as to…
2Cases cited3 opinions
- Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
- Stolt v. General Foods Corp.New York Court of Appeals · 1993
- Elamin v. Roberts Express, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
3Cited by4 opinions
- Vacca v. Landau Industries Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
- Albericci v. Port Authority of New York & New JerseyNew York Supreme Court · 2017
- Miraglia v. H & L Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Zong Wang Yang v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022